Author Archives: joanna.stark.abramson..attorney.at.law

January 25, 1993Comments Off on Dad Has Custodial Environment Despite Mom's 'Primary Care'

Even though plaintiff-mother was the child’s primary caregiver when she resided with defendant-father, the trial court properly allowed defendant to retain custody because the child had lived in defendant’s home his entire life, the Michigan Court of Appeals has ruled. ...

January 25, 1993Comments Off on Private Roads Act Held Constitutional; Public Purpose Found In Taking Private Land For Neighbors' Use

Where plaintiff’s property was completely surrounded by private property owned by others, she had the right under a Michigan statute to ask her township for an access road across her neighbors’ property, the Michigan Court of Appeals has ruled. The ...

January 25, 1993Comments Off on Stock Account Lien To Ensure Child Support Payments OK'd

Where defendant-father had a history of delinquent child support payments, the trial court properly 1) placed a lien on his money market account for his past arrearage and 2) ordered direct payment from the account to the Friend of the ...

January 18, 1993Comments Off on No-Fault Practitioners Wait For Clear Definition Of 'Occupant' From High Court

Does someone “occupy” a car for no-fault insurance purposes when he is pumping gas into the car and is burned when the fumes ignite? Your gut reaction – that such a person does not “occupy” the vehicle – is the ...

January 18, 1993Comments Off on Breach Of Contract Claim Accrues When Lender Accelerates Loan

Where defendant defaulted on two installment contract loans containing acceleration clauses, plaintiff-lender’s claim for breach of contract “accrued” when the bank exercised the acceleration clauses, not when the payments became past due, the Michigan Court of Appeals has ruled. Plaintiff-bank ...

January 18, 1993Comments Off on AO 1990-6 Is Extended; Court Seeks Comments On Proposals

Michigan Supreme Court Administrative Order 1990-6 (AO 1990-6), designed to prevent conflicting decisions among panels of the Michigan Court of Appeals, has been extended until June 30, 1993, the high court announced in a recent order. The supreme court has ...

January 11, 1993Comments Off on . . . But Two-Year Limit On Wage And Medical Benefits Is

An amendment to the workers’ compensation “two-year back” rule could be retroactively applied to limit the medical benefits an injured employee could collect for his pre-amendment disability, the Michigan Court of Appeals has decided. The amended rule provides that if ...

A woman who cared for her disabled husband since 1971 was entitled to nursing/attendant care benefits under the Workers’ Disability Compensation Act (WDCA) even though her claim dated back more than one year before the date she filed, the Michigan ...

January 11, 1993Comments Off on No-Fault Coverage Denied For Driver Shot In Auto

Even though plaintiff was shot while he was in his car, he could not collect first-party no-fault benefits, the Michigan Supreme Court has decided. Plaintiff and a passenger argued with occupants of another car. Plaintiff chased the other car at ...